Protection of Freedoms Act 2012

25Material taken before commencement

(1)The Secretary of State must by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Chapter.

(2)The Secretary of State must, in particular, provide for the destruction or retention of PACE material taken, or (in the case of a DNA profile) derived from a sample taken, before the commencement day in connection with the investigation of an offence.

(3)Such provision must, in particular, ensure—

(a)in the case of material taken or derived 3 years or more before the commencement day from a person who—

(i)was arrested for, or charged with, the offence, and

(ii)has not been convicted of the offence,

the destruction of the material on the coming into force of the order if the offence was a qualifying offence,

(b)in the case of material taken or derived less than 3 years before the commencement day from a person who—

(i)was arrested for, or charged with, the offence, and

(ii)has not been convicted of the offence,

the destruction of the material within the period of 3 years beginning with the day on which the material was taken or derived if the offence was a qualifying offence, and

(c)in the case of material taken or derived before the commencement day from a person who—

(i)was arrested for, or charged with, the offence, and

(ii)has not been convicted of the offence,

the destruction of the material on the coming into force of the order if the offence was an offence other than a qualifying offence.

(4)An order under this section may, in particular, provide for exceptions to provision of the kind mentioned in subsection (3).

(5)Subsection (6) applies if an order under section 113(1) of the Police and Criminal Evidence Act 1984 (application of that Act to Armed Forces) makes provision equivalent to sections 63D to 63U of that Act.

(6)The power to make an order under section 113(1) of the Act of 1984 includes the power to make provision of the kind that may be made by an order under this section; and the duties which apply to the Secretary of State under this section in relation to an order under this section apply accordingly in relation to an order under section 113(1) of that Act.

(7)An order under this section is to be made by statutory instrument.

(8)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(9)In this section—

• “the commencement day” means the day on which section 1 comes into force,

• “PACE material” means material that would have been material to which section 63D or 63R of the Police and Criminal Evidence Act 1984 applied if those provisions had been in force when it was taken or derived.